Boundary & Neighbour Disputes
There are an increasing number of disputes arising in relation to boundaries. Land Registry plans do not define boundaries and the title deed may have been lost, resulting in disputes where the costs involved are disproportionate to the values of the strips of land involved. The General Boundary Rule is misunderstood by clients and their advisers and Land Registry have stated that many ‘adverse possession’ applications are misconceived.
Solicitors are often blamed by clients and the courts for causing these problems. This course looks at the main types of boundary and neighbour disputes. Also non-conveyancers, including surveyors, will be surprised at the deliberate inaccuracy of the Land Registration and conveyancing system when it comes to identifying boundaries and rights correctly. The physical characteristics and history of the land are often of crucial significance, so it is important to be able to recognise (or discount) any clues that they may give you.
What You Will Learn
- Where is the boundary?
- Limitations of LR maps, the general boundaries rule and s.62 LPA25
- Is it Adverse Possession or an application to move the red line under an AP1. Latest LR guidance
- Where do you go to sort out boundary problems
- Admissibility of extrinsic evidence such as meetings and notes
- The importance or considering the physical world and what can be inferred from existing boundary features
- Boundary presumptions in relation to hedges, fences, walls, etc
- Adverse possession claims
- Use of experts, strategies for resolving disputes & mediation schemes
- Disputes over rights and easements, access to adjoining land and party walls
- Disputes over covenants and restrictions
- Disputes over trees and hedges
Please let us know if you wish to be notified when new dates are added for this programme